Digital Commons Network^™

Codification Of Statements On Standards For Attestation Engagements As Of January 1, 2009, Numbers 1 To 15, American Institute Of Certified Public Accountants. Auditing Standards Board

AICPA Professional Standards

No abstract provided.

Rule And Meaning In The Teaching Of Grammar, Joseph C. M. Davis

Publications and Research

While the construct of rule as a manipulation of purely formal properties of language has been widely abandoned in both formal and functional linguistics, it persists, though with diminished importance, in the field of Second Language Acquisition (SLA). This is true even in Form-Focused Instruction (FFI), including Focus-on-Form (FonF), which emphasizes meaning as both classroom focus and element of language structure. This paper illustrates the meaningfulness of grammar, even where treatment has often appealed to such rules; identifies areas of overlap between what is identified by the term rule and what is identified by the terms meaning (semantics) and form …

Practice-Ready: A Law School Perspective On Bar Certification, Veryl Victoria Miles

Scholarly Articles

Law schools play a critical role in the bar certification process. They certify that graduates have the character and fitness necessary to become members of the bar,and they verify that graduates have completed the schools’ academic requirements for graduation. Each of these certifications is much more than a mere check mark but rather an analysis of a complex set of factors.The certification of character and fitness is not a simple notice of the lack of negative information about the graduate. Law school determination of character and fitness is quite detailed. While all of the levels of that process are beyond …

Introduction, Aals Symposium On Institutional Pluralism: The Role Of Religiously Affiliated Law Schools, John H. Garvey

Scholarly Articles

No abstract provided.

The Tower Clock 2009, Tower Clock

Tower Clock Yearbooks

No abstract provided.

Developing Municipal Wind Energy Ordinances In New York State, Jason James

Sabin Center for Climate Change Law

A jurisdiction that seeks to enact a municipal wind energy ordinance must first delineate areas suitable for wind energy projects in its comprehensive plan. Then, the municipality must choose a legal mechanism to regulate wind energy projects within those areas. Lastly, the municipality must write specific regulations addressing details such as size, location, and noise. This paper discusses the choices that a municipality in New York must make in drafting a wind energy ordinance, with reference to how existing codified wind energy ordinances and model municipal wind energy ordinances have dealt with these choices.

Stephen James On Human Rights At The Un: The Political History Of Universal Justice By Roger Normand & Sarah Zaidi. Bloomington, In: Indiana University Press. 2008. 486pp., Stephen James

Human Rights & Human Welfare

A review of:

Human Rights at the UN: The Political History of Universal Justice by Roger Normand & Sarah Zaidi. Bloomington, IN: Indiana University Press. 2008. 486pp.

Tahira Khan On Women As Weapons Of War: Iraq, Sex And The Media By Kelly Oliver. New York, Ny: Columbia University Press, 2007. 208pp., Tahira Khan

Human Rights & Human Welfare

A review of:

Women as Weapons of War: Iraq, Sex and the Media by Kelly Oliver. New York, NY: Columbia University Press, 2007. 208pp.

Peace From Below: Recent Steps Taken Along The Track-Two Diplomacy Path, Michael Thomas Kuchinsky

Human Rights & Human Welfare

A review of:

Peacemakers in Action: Profiles of Religion in Conflict Resolution. Edited by David Little. New York: Cambridge University Press, 2007.

and

Peace Out of Reach: Middle Eastern Travels and the Search for Reconciliation. By Stephen Eric Bronner. Lexington: University Press of Kentucky, 2007.

Reconciliation And The Therapeutic Impulse: What Does It Mean To “Heal”?*, Elizabeth S. Dahl

Human Rights & Human Welfare

A review of:

Amnesty after Atrocity? Healing Nations after Genocide and War Crimes. By Helena Cobban. Boulder, CO: Paradigm Publishers, 2007.

and

Reconciliation in Divided Societies: Finding Common Ground. By Erin Daly and Jeremy Sarkin. Philadelphia: University of Pennsylvania Press, 2007.

Healing is widely seen as an essential component of socio-political reconciliation, helping to promote a more peaceable future after violent conflict. At the same time, however, little is known about what exactly “healing” means to traumatized people and whether particular reconciliation efforts do indeed constitute healing. Instead, social healing is described usually in metaphorical terms, compared to the way …

Silhouettes Of The Disappeared: Memory, Justice And Human Rights In Post- Authoritarian Argentina, Vincent Druliolle

Human Rights & Human Welfare

A review of:

El Siluetazo. Compiled and edited by Ana Longoni and Gustavo Bruzzone. Buenos Aires: Adriana Hidalgo Editora, 2008. 514 pp.

Human Trafficking In The Middle East And North Africa Region, Schuyler Dudley

Human Rights & Human Welfare

The Middle East and North Africa region is not the first area to come to mind when discussing human trafficking in the world. Yet this region certainly has human trafficking problems. To clarify, the geographic region referred to in this essay, the Middle East, extends as far west as Mauritania, as far south as Sudan, as far east as Oman, and as far north as Syria. This region is also known as MENA (Middle East and North Africa), but will be referred to as the Middle East in this essay. Discrepancies in defining the Middle East, as well as inaccurate …

The One-Child Policy, Gay Rights, And Social Reorganization In China, Kody Gerkin

Human Rights & Human Welfare

China’s youth are becoming adults in an unprecedented era. The Chinese have achieved rapid, sustained economic growth under a Communist government that has simultaneously been initiating a wide range of social planning initiatives.

Economic Incentives Preempt Independence Movements: A Case Study Of The Xinjiang Uyghur Autonomous Region In China, Iman Jafarynejad

Human Rights & Human Welfare

Self-determination and freedom from foreign territorial acquisition and annexation still are core issues in the international arena and a source of human rights struggles. Through the consolidation of economies in the twenty-first century, there has, however, been a shift in the importance of these issues and in the meaning of “occupied” territories. This paper challenges the idea that the status quo of self-determination is the most important element of the human rights agenda of the indigenous Uyghur community in the Xinjiang Uyghur Autonomous Region of Western China.

The Challenges Of Change: Causes And Consequences Of Child Labor In China, Andrea Morley

Human Rights & Human Welfare

The government of China opened its doors to the global economy in the late 1970s, with gradually but steadily increasing competition, trade, and production. The ‘Asian Tiger’ was fueled by export-led development as the number of factories and production facilities spread rapidly across the country. This rapid economic growth exacerbated labor violations, primarily due to the increased incentives for profits and demands of production on Chinese factories. In order to be more competitive, China required a strong labor force; its citizens were thrust into the global economy.

The Past, Present, And Future Of Freedom Of Speech And Expression In The People’S Republic Of China, Liza Negriff

Human Rights & Human Welfare

The international community has been criticizing China for its human rights violations for years. However, one human rights violation has received less attention than some other rights issues both inside and outside of China: censorship and restrictions on freedom of speech and expression. This scantiness of attention is largely attributed to the fact that acquiring reliable information about censorship and freedom of expression in China is challenging.

Youth Migration And Poverty In Sub-Saharan Africa: Empowering The Rural Youth, Charlotte Min-Harris

Human Rights & Human Welfare

Sangaré, a poor young farmer from a village in southern Mali, leaves his wife and three children to find stable employment in the capital city of Bamako. What he finds is an unrewarding reality that leads him from small job to small job, only earning about US 22 cents per day. These jobs range from selling sunglasses, to shining shoes, to driving a rickshaw. Unfortunately, his income has not proved enough to provide for his family, as his aunt has since adopted his daughter, and his children cannot attend school. The inability to find stable employment in Bamako has forced …

The Colonial Legacy And Human Rights In Mexico: Indigenous Rights And The Zapatista Movement, Alexander Karklins

Human Rights & Human Welfare

The current status of human rights in Latin America has been profoundly affected by the legacy of colonial institutions. Since the time of conquest, through colonialism, and after independence, the growth of the Latin American state has been challenged by the alternative discourse of indigenous rights. In Mexico, the dominance of mestizaje (or the quest for a single Mexican ethnic identity) in the formation of its modern state apparatus has left indigenous cultures out of the realm of political participation and exposed to human rights violations. With the Zapatista uprising of 1994-1996, the contradictions inherent in Mexico’s constitution were brought …

Police Violence In Brazil, Kyra Moon

Human Rights & Human Welfare

“This was just the beginning. They want war, and they‟ll get war. The problem of trafficking will only be resolved with blood. It is the only language they understand.” This was the response of Mario Azevedo, chief delegate of the 21st police precinct in the Bonsucsso neighborhood in Rio de Janeiro, after drug traffickers killed three police officers. Three days after that assault, one hundred and twenty heavily armed police officers stormed into the Nova Brasilia favela (the Brazilian term for slum or shantytown) and killed thirteen residents, four of which were minors. Press reports initially described this incident in …

Whether “Hedging” Anticipated Contingency Fees Should Be Deemed Impermissible Fee-Sharing Under Section 504 When The Policy Considerations Underlying The Statute Are Not Offended, David Bloom

Bankruptcy Research Library

(Excerpt)

Although the Bankruptcy Code establishes a clear prohibition against the sharing of fees by persons receiving compensation or reimbursement under section 504, it is unclear whether bankruptcy attorneys may be permitted to enter into “hedging” arrangements in order to obtain downside protection against risks associated with appeal. Ultimately, what is needed to decide this issue is a determination of what constitutes “sharing” of compensation within the meaning of the Code. Recently, in In re Winstar Communications, Inc., 378 B.R. 756 (Bankr. D. Del. 2007), the bankruptcy court found no ambiguity in the statute, and gave the term “sharing” …

Trustee's Ability To Waive Individual Debtor’S Attorney-Client Privilege, Rebecca Leaf

Bankruptcy Research Library

(Excerpt)

Courts disagree about whether a trustee may waive an individual debtor's attorney-client privilege. Although the Supreme Court has addressed the issue in the case of corporate debtors, it has not done so in the case of individual debtors. Thus, lower courts have adopted three approaches to cases involving individual debtors: allowing the trustee to always waive privilege, never allowing the trustee to waive privilege, and a balancing approach.

This memo explores the importance of the attorney-client privilege, its relevant statutory bases, Supreme Court precedent, and the three approaches mentioned above. This memo also considers the advantages and disadvantages of …

Non-Consensual Third Party Releases In Chapter 11 Bankruptcy, Craig Lutterbein

Bankruptcy Research Library

The Seventh Circuit, in Airadigm Communications, Inc. v. Federal Communications Comm’n. (In re Airadigm Commc’n, Inc.), 519 F.3d 640 (7th Cir. 2008), has joined the circuits permitting the non-consensual releases of non-debtor third parties from their obligations to creditors in chapter 11 reorganizations. In Airadigm, the court considered the validly of releasing a guarantor and major reorganization financer, Telephone and Data Services (hereinafter TDS), from liability resulting from the reorganization of debtor Airadigm Communications. The Court came to three conclusions on the subject: 1. Bankruptcy code section 524(e) does not prevent bankruptcy courts from granting third-party releases; 2. …

Can Software Be A Bankruptcy Petition Preparer?, Thomas Szaniawski

Bankruptcy Research Library

(Excerpt)

Recently, in Reynoso v. United States (In re Reynoso) — a case of first impression for the Ninth Circuit that addressed the intersection of cyberspace and bankruptcy — the court held that a provider of web-based bankruptcy software was a bankruptcy petition preparer (“BPP”) under 11 U.S.C. section 110 and that under California law, the features and functionality of the software went beyond mere typesetting and constituted the unauthorized practice of law. Reynoso v. United States (In re Reynoso), 477 F.3d 1117 (9th Cir. 2007). In re Reynoso is significant because prior to this …

Teaching And Learning In Second Life: A Pilot Study, Anamika Dasgupta

Faculty and Staff Publications

Second Life (SL) is a 3-D virtual online environment that was first released in 2003 by Linden Lab. Educators speculate that it has the ability to support kinesthetic and audio-visual styles. Many universities and colleges have built their teaching campuses in SL in order to experiment with teaching and learning activities in SL. In this study, data were collected from 16 students to evaluate how students respond to the various communication modes available in SL, how students perceive the manipulation of in-world movement, navigation, and action affordances in SL, and how students perceive using a virtual environment to attain learning …

The Relations Among Parental Monitoring And Warmth, And Adolescent Externalizing And Internalizing Distress: The Effects Of Parent And Adolescent Perception Of Neighborhood Danger, Jonathan Goldner

Dissertations

Parental monitoring and warmth have traditionally been studied in the context of white, middle-class families. This paper adds to recent research that has begun to explore what levels of these parenting behaviors are optimal for the prevention of adolescent psychopathology in impoverished, urban high crime areas. It also takes into account parent and child perceptions of neighborhood danger. This study employs a longitudinal design, with data collected at two times points one year apart, among a sample of 240 African American young adolescents and their parents in urban, high crime neighborhoods. It aims to study parental monitoring, parental warmth, parent …

Recognition Of Emotions From Facial Expression And Situational Cues In Children With Autism, Dina Tell

Dissertations

The present study investigated two areas of emotion recognition in school-aged high-functioning children with autism and typically developing children, matched on chronological age and gender: (1) recognition of facially expressed emotions that were presented in still photographs of adult faces and (2) emotion recognition from situational and facial cues, presented in line drawings of emotionally-laden situations. For the photograph task, children's accuracy in recognizing facial expressions of happy, sad, angry, and fear emotions along with neutral expressions was investigated. All emotional expressions were presented with computer-generated direct and averted eye-gaze at 100% and 50% emotion strength. Of particular interest were …

The Role Of Expectations As Determinants Of Satisfaction In An Outpatient Care Setting, Jan Strohmeyer Brien

Dissertations

Understanding patient satisfaction is a central theme in today's healthcare landscape. The role of patient expectations and its impact on patient satisfaction has not been well understood in the context of a viable theoretical model. Thibault and Kelly's Theory of Interpersonal Relations and constructs of expectations in relationships are used to develop a framework for identifying the main factors driving both expectations and satisfaction. Measures are developed for comparison level of current outcomes compared to expectations (CL), comparison level of alternatives to care (CLalt), investment in selecting a physician, and prior satisfaction. Participants included a random sample of 500 primary …

Connection, Caretaking, And Conflict: The Recalled, Lived Experience Of Adultdaughters Of Bipolar Mothers, Louise Ribeiro Presley

Dissertations

At present in the United States approximately four million people (1.6%) suffer from bipolar I and bipolar II disorders. About 20% are not helped by medication. Each bipolar person has two parents,and may have siblings, friends, spouses and children. All of these people are affected by the feelings and behavior of the bipolar person. The children are especially vulnerable to behavior disorders, depression, and anxiety, even if protective factors mitigate the family situation.

This qualitative research addresses the events recalled by adult daughters whose mothers are bipolar: what they recalled of what they thought, felt and did in response. Events …

Second Life, Video Games, And The Social Text, Steven E. Jones

English: Faculty Publications and Other Works

Instead of being a world apart from material reality, the virtual world Second Life is intertwined with larger trends associated with Web 2.0 and the "eversion" of cyberspace. A number of recent scholars have begun to explore the relation of textual studies and video games. Games represent sophisticated ideas of what it means to enable on a digital platform the dynamic, networked, collaborative construction of the social text, broadly conceived. A game space is not an infinite virtual reality, but is instead a possibility space in multiple dimensions. Videogames offer humanists serious models for potential networked events of their own—embodied, …

The Art Of Trinitarian Articulation: A Case Study On Richard Of St. Victor's _De Trinitate_, Todd D. Vasquez

Dissertations

Richard of Saint Victor deliberately constructs his treatise De Trinitate with trinitarian structures to sustain the hearts and shape the minds of his readers with the contemplation of the Trinity. His work fits within a genre of writing in the Middle Ages where the formation of the theological apprentice was at the heart of crafting one’s theological work. The dissertation consists of three sections: Section I, “Introduction & Background,” establishes the context for the thesis. Chapter one fits Richard’s De Trinitate within the theological heritage of Augustine and Anselm of Canterbury. Chapter two describes aspects of the liturgical and educational …